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' no change in related Work will be required, it may be considered by Engineer as an <br /> "or-equal" item, in which case review and approval of the proposed item may, in <br /> Engineer's sole discretion, be accomplished without compliance with some or all of the <br /> requirements for approval of proposed substitute items. For the purposes of this Paragraph <br /> 6.05.A.1, a proposed item of material or equipment will be considered functionally equal <br /> to an item so named if: <br /> a. in the exercise of reasonable judgment Engineer determines that: <br /> ' 1) it is at least equal in materials of construction, quality, durability, appearance, <br /> strength, and design characteristics; and <br /> ' 2) it will reliably perform at least equally well the function and achieve the results <br /> intended by the design concept of the completed Project as a functioning whole; and <br /> ' 3) it has a proven record of performance and availability of responsive service; and <br /> 4) it is equal or better in form, features, operation and maintenance cost and general <br /> configuration; and <br /> 5) it conforms to the requirements of the Contract Documents in all respects, except for <br /> ' make and manufacturer or supplier and minor details of specified equipment; and <br /> b. Contractor certifies in writing that,if approved and incorporated into the Work. <br /> ' 1) there will be no increase in cost to the Owner or increase in Contract Times; and <br /> 2) it will conform substantially to the detailed requirements of the item named in the <br /> ' Contract Documents. <br /> 2. Substitute Items: <br /> a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor <br /> does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a <br /> ' proposed substitute item. <br /> b. Contractor shall submit sufficient information as provided below to allow Engineer to <br /> determine if the item of material or equipment proposed is essentially equivalent to that <br /> named and an acceptable substitute therefore. Requests for review of proposed substitute <br /> items of material or equipment will not be accepted by Engineer from anyone other than <br /> ' Contractor. <br /> c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as <br /> ' supplemented by the General Requirements, and as Engineer may decide is appropriate <br /> under the circumstances. Applications for approval of substitute items of material or <br /> equipment will not be accepted by the Engineer if made as part of a Shop drawing <br /> submittal. The application for use of substitute material or equipment must be made <br /> prior to the submission of a shop drawing by a written communication clearly labeled <br /> "Request for Substitution". Substitute items proposed by Shop Drawings for materials or <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 31 of 81 <br />